Overturning Chevron inevitably increased court clog – newest cases prove.
Mustard 24 [David Mustard, UGA Terry College of Business economist and professor, 7-2-2024, Terry faculty insights: Explaining what Supreme Court ‘Chevron’ ruling means, Terry College of Business at UGA, https://www.terry.uga.edu/terry-faculty-insights-explaining-what-supreme-court-chevron-ruling-means/] GDI-MAM
What happens now? Can businesses stop following the rules? How do we know which regulations will be impacted by this case?
This decision will not allow firms to completely ignore federal regulatory policy. In most cases, Congress passes clearly defined laws that are not ambiguous that firms must obey. In situations where the law is vague, courts will make a ruling which will be legally enforceable. But firms will likely issue more challenges where regulatory agencies go beyond or provide more specificity than Congress does in the legislation. The Loper ruling gives Congress more incentive to write clearer laws.
The dissenting opinion in Loper contends that this majority ruling will give firms a large incentive to challenge agency rules and thereby create a massive backlog because courts cannot hear many cases and judges do not have the requisite expertise to expeditiously rule. It will take some time for this decision to play out before its full impact will be known.